Question

1. The year is 1964. Ollie’s BBQ is a family-owned restaurant located on a state highway in Georgia, 11 blocks from an interstate highway. The restaurant does not allow African-Americans to eat inside; they must get takeout. More than half of the food served in the restaurant that passed through interstate commerce. According to Title II of the Civil Rights Act of 1964, the federal government has the right to prohibit racial discrimination in hotels, restaurants, and other public facilities because local activities have a substantial effect on interstate commerce. The owner of Ollie’s BBQ argues that his business is local and has no impact on interstate commerce. Whose argument will win?

Answer 1

The Civil Rights Act of 1964 is federal civil rights legislation. This legislation prevents discrimination in various public places and situations on the basis of color and race or religion.

Title II of the Civil Rights Act 1964 is for 'Injunctive Relief Against Discrimination in Places of Public Accommodation'. In Section 201 of this Title, it is clearly mentioned that the operations of an establishment are within the purview of this Title if it is an establishment which serves interstate travelers, or if it affects commerce or travel within several states.

In this case, the Federal government is likely to win the argument, and not the owner of Ollie's BBQ. This is because:

• This restaurant is on an interstate highwaty and is certainly serving interstate travelers.
• Since more than half the food in the restaurant passes through interstate commerce, it affects commerce among several states.

Thus it is clear that Ollie's BBQ should stop their discriminatory practice and allow African-Americans to eat inside the establishment.